I-485 and marrying to citizen

C

cmyk55

Registered Users (C)
My friend in already in process of I-485 for over a year sponsored by her current employ, and was wondering if she needs to re-file the spouse-based i-130 and i-485 when she marry to US citizen. And if she does, which will be faster?
Thanks in advance.
 
Personal opinion: I think the employment based I-485 would be faster before it is already pending for 1 year.
 
cmyk55 said:
My friend in already in process of I-485 for over a year sponsored by her current employ, and was wondering if she needs to re-file the spouse-based i-130 and i-485 when she marry to US citizen. And if she does, which will be faster?
Thanks in advance.
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She does not need to re-file. EB I-485 is faster. At this point she does not have any advantage after getting married to a citizen. But in future

1. She will be able to apply for her citizenship after 3 years (where for employment based GC, it is 5 years).

2. In case her EB I-485 is denied (which is very rare and unlikely), she can file another I-485 based on her marriage.
 
A lot depends on the local office where she resides. If they process stuff quickly, there might be an advantage. As folks have said, a marriage-based immigrant can apply for citizenship two years earlier. However, keep in mind that such a GC is conditional for the first two years.

What might be an option is to file an I-130 immediately after the marriage, but nothing more. If the I-140/485 get approved before the I-130, great. If not, then they can decide at that point if they wish to proceed via marriage based for faster citizenship and independence from the employer, or employment-based for independence from the spouse.
 
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